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Hearing of Case.
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XLIII. Previously to making such Order the Chairman shall hear the Owner, or any Person appearing on his Behalf, and objecting to such Certificate on the Grounds that the Improvements have not been properly executed, or that the Money stated has not actually been expended in the Improvements, or that the Lands proposed to be charged, or a Portion of such Lands, are not Lands subject to be charged in pursuance of this Part of this Act, and if no Appearance is made on behalf of the Owner he shall, previously to making his Order, require Proof of Notice having been duly served on the Owner or his Agent: The Chairman may make Inquiries by Valuation Commissioners, Surveyors, or other competent Persons as he may think right, and may direct the Expenses of such Inquiries to be paid by such Person and in such Manner as he may think fit, and may, if he thinks it just, disallow the whole or any Portion of the Expenditure, and may exclude any Lands that appear to him not chargeable under this Part of this Act; but if satisfied that the whole or any Portion of the Expenditure ought to be allowed, he shall make a Provisional Order specifying the Amount of Expenditure allowed, and charging the Lands mentioned in the Order with an Annuity of Seven Pounds Two Shillings for every Hundred Pounds of such Expenditure, and so in proportion for any less Sum; such Annuity to be limited in favour of the Tenant, his Executors, Administrators, or Assigns, and to be declared to be payable for a Term of Twenty-five Years, commencing from the Date of the Order, on each Anniversary of such Date; subject to this Proviso, that no Payment in respect of such Annuity shall accrue due until such Provisional Order has been made absolute.
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